City Council

Tuesday, June 13, 2023 City of San Marcos 1 Civic Center Drive City Council Regular Agenda San Marcos, CA 92069 City Council Chambers 6 PM Regular City Council Meeting Special San Marcos Successor Agency to the San Marcos Redevelopment Agency Meeting Special San Marcos Successor Housing Agency to the San Marcos Redevelopment Agency Meeting Regular Fire Protection District Meeting Special San Marcos Public Financing Authority Meeting Regular San Marcos Public Facilities Authority Meeting Cell Phones: As a courtesy to others, please silence your cell phone or pager during the meeting and engage in conversations outside the Council Chambers. Americans with Disabilities Act: If you need special assistance to participate in this meeting, please contact the City Clerk at (760) 744 1050, ext. 3145. Notification 48 hours in advance will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Assisted listening devices are available for the hearing impaired. Please see the City Clerk if you wish to use this device. Public Comment: If you wish to address the City Council, please complete a “Request to Speak” form. Forms are located at the rear of the Council Chambers. Be sure to indicate which item number you wish to address . Comments are limited to FIVE minutes, unless you meet the requirements of a formal or informal organization and have registered your organization with the City Clerk in advance. Speakers are asked to fill out a “Request to Speak” form and hand it to staff, although provision of a name, address, or other identifying information is optional. The Oral Communication segment of the agenda is for the purpose of allowing the public to address the City Council on any matter NOT listed on the agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications. The Oral Communication segment is split on the agenda and begins with a 15 minute timed segment during which the Council will hear as many speakers as possible. Upon the conclusion of the 15 minute timed segment, any remaining speakers will automatically be called during the continuation of the Oral Communication segment at the end of the agenda. The City Council is prohibited by state law from taking action on items NOT listed on the Agenda. However, they may refer the matter to staff for a future report and recommendation. If you wish to speak under “Oral Communications,” please complete a “Request to Speak” form as noted above. Meeting Schedule and Broadcast Information: Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 pm in the Council Chambers. City meetings are broadcast LIVE on San Marcos Community Television (SMTV) on Cox Channel 19, Time Warner Channel 24 and AT&T Channel 99. Meetings are also streamed live and archived online at www.san-marcos.net. Agenda related writings or documents provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection at the time of distribution in the City Clerk Department located on the second floor of City Hall, 1 Civic Center Drive, San Marcos, CA during normal business hours. The same materials are also posted online at www.san-marcos.net as time permits. City of San Marcos Page 1 City Council Regular Agenda June 13, 2023 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - PASTOR MORALES, NORTH COAST CHURCH ROLL CALL PROCLAMATIONS AND PRESENTATIONS A. CERTIFICATE OF RECOGNITION - CARLOS HERNANDEZ SANTIAGO, COCA-COLA SCHOLARS FOUNDATION AWARD B. PROCLAIM JUNE 19, 2023 AS JUNETEENTH C. PROCLAIM JUNE AS PRIDE MONTH CONSENT CALENDAR 1. 23-2149 WAIVER OF TEXT. This item is to waive the reading of the text of all ordinances and resolutions introduced and adopted at this meeting. Ordinances and resolutions shall be introduced or adopted by title. Recommendation: WAIVE 2. 23-2148 APPROVAL OF MINUTES Recommendation: APPROVE the minutes of a regular and special City Council meetings on May 23, 2023 Attachments: 05-23-23R 05-23-2023S Closed Session 3. 23-2147 APPROVAL OF WARRANTS Recommendation: APPROVE City Council, Successor Agency, and Fire Protection District warrants dated June 05, 2023. Attachments: AP274 Signed RDA274 Signed CIP274 Signed City of San Marcos Page 2 City Council Regular Agenda June 13, 2023 4. 23-2146 RESOLUTION NO. 2023-9140 - EXPENDITURE OF FUNDS PURSUANT TO COMPENSATION AND REIMBURSEMENT POLICY, EVENT TICKET APPROVAL Recommendation: ADOPT a resolution approving expenditure of funds for attendance at a public purpose event. Attachments: Ticket Reso FORM 802 5. 23-2157 RESOLUTION NO. 2023-9141 - LEGISLATIVE REPORT Recommendation: ADOPT a resolution taking a position on pending legislation in the California State Legislature. Attachments: Resolution 2023-9141 AB 1207 Support Letter- DRAFT AB 972 Support - DRAFT SAN MARCOS CITY COUNCIL Position & status6-13-2023 6. TMP-1913 RESOLUTION NO. FD 2023 - 366 - APPROVING PARTICIPATION IN THE SAN DIEGO COUNTY FIRE MITIGATION FEE PROGRAM AND ADOPTION OF A FIVE-YEAR FIRE MITIGATION CAPITAL IMPROVEMENT PLAN Recommendation: ADOPT a resolution authorizing continued participation in the San Diego County Fire Mitigation Fee Program and approving the Five-Year Fire Mitigation Capital Improvement Plan to Utilize Fire Mitigation Fee Program Revenue. . Attachments: Resolution FD 2023-366 Attachment A 7. TMP-1912 RESOLUTION 2023-9142 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF A PORTION OF THE EASEMENT FOR STREET PURPOSES GRANTED BY DOCUMENT 1980-136705 OVER RICHMAR AVENUE AND RESERVING UTILITY AND DRAINAGE RIGHTS THEREFROM, ADJACENT TO THE CREEKSIDE ASSISTED LIVING (ACOYA) PROJECT (VAC23-0010) Recommendation: APPROVE and ADOPT the following, in the order below, as recommended by the Planning Commission: 1. ADOPT Categorical Exemption EX23-047 per CEQA Section 15305, Class V (Minor Alterations in Land Use Limitations); and 2. APPROVE resolution ordering the summary vacation and abandonment of a portion of the Easement for Street Purposes granted by Document 1980-136705 over Richmar Avenue and reserving utility and drainage rights therefrom, adjacent to the Creekside Assisted Living (Acoya) project (VAC23-0010) Attachments: Attachment 1- Aerial Easement Exhibit Attachment 2- RESOLUTION NO. 2023-9142 City of San Marcos Page 3 City Council Regular Agenda June 13, 2023 8. TMP-1911 RESOLUTIONS NO. 2023-9143 AND 2023-9144 - ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF NORTH CITY DRIVE AND MID CITY LANE (VAC23-0008), AND OF THE GENERAL UTILITY EASEMENT OVER FORMER JUNE WAY AND MID CITY LANE (VAC23-0009), RESPECTIVELY, ALL WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP 21-0002 FOR NORTH CITY EAST Recommendation: APPROVE the following as recommended by the Planning Commission: 1. A resolution ordering the summary vacation and abandonment of public right-of-way for portions of North City Drive and Mid City Lane, reserving from Mid City Lane drainage and utility rights (VAC23-0008); and 2. A resolution ordering the summary vacation and abandonment of the General Utility Easement over former June Way and Mid City Lane (VAC23-0009). Attachments: ATT 1- VAC23-0008 Aerial Easement Exhibit: Public Right-of-Way at North City Drive and Former Mid City La ATT 2- VAC23-0009 Aerial Easement Exhibit: General Utility Easement over June Way and Mid City Lane ATT 3- RESO 2023-9143 ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT ATT 3- EXHIBIT A & B VAC23-0008 ATT 4- RESO 2023-9144 ORDERING THE SUMMARY VACATION AND ABANDONMENT OF THE GENERA ATT 4- EXHIBIT A & B VAC23-0009 9. TMP-1908 RESOLUTION 2023-9145 - DELEGATING TO AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE, AND EXECUTE AN AGREEMENT FOR AS-NEEDED FURNITURE SERVICES Recommendation: ADOPT a resolution delegating to and authorizing the City Manager to negotiate, finalize, and execute an agreement for as-needed furniture services. Attachments: Resolution 2023-9145_Furniture Contract 10. TMP-1907 RESOLUTION NO. 2023-9146 - APPROVING AN AGREEMENT FOR PERMITTING AND LAND MANAGEMENT SOFTWARE AS-NEEDED, AND DELEGATING TO AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE, AND EXECUTE THE SAME Recommendation: ADOPT resolution approving an agreement for permitting and land management software as-needed, and delegating to and authorizing the City Manager to negotiate, finalize, and execute the same. Attachments: Reso 2023-9146_Permitting Software ORAL COMMUNICATIONS Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. PUBLIC HEARINGS City of San Marcos Page 4 City Council Regular Agenda June 13, 2023 12. TMP-1906 PUBLIC HEARING REGARDING ANNEXATION OF PROPERTY TO LANDSCAPING AND LIGHTING DISTRICT NO. 1, ZONE C AND LEVY AND COLLECTION OF ASSESSMENTS ON SUCH PROPERTY COMMENCING FISCAL YEAR 2023-2024. Recommendation: OPEN the public hearing that was scheduled and noticed pursuant to Resolution No. 2023-9125 a resolution of the City Council of the City of San Marcos, declaring its intention to annex property to Landscaping and Lighting District No. 1, Zone C; to levy and collect assessments on such property commencing fiscal year 2023-2024 pursuant to the Landscaping and Lighting Act of 1972; and setting the time and place of the hearing on the proposed annexation and the proposed levy and collection of assessments previously adopted by the City Council. Attachments: 4112023 City Council Staff Report, Resolution of Intention, and Engineer’s Report NEW BUSINESS 11. TMP-1914 RESOLUTION NO. 2023-9147 ADOPTING THE OPERATIONS & MAINTENANCE BUDGET OF THE CITY OF SAN MARCOS FOR THE FISCAL YEAR BEGINNING JULY 1, 2023 AND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FIVE FISCAL YEARS ENDING 2027-28, AND APPROPRIATING MONEY OUT OF THE TREASURY FOR BUDGETARY PURPOSES; AND RESOLUTION NO. 2023-9148 AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE ESTABLISHMENT OF AN APPROPRIATED RESERVE FOR FUTURE EXPENDITURES AND/OR CONTINGENCIES FOR FISCAL YEAR 2023-24 Recommendation: ADOPT the following: 1) Resolution adopting the Operations & Maintenance Budget of the City of San Marcos for the Fiscal Year beginning July 1, 2023 and the Capital Improvement Program Budget for the five fiscal years ending 2027-28, and appropriating money out of the treasury for budgetary purposes; and 2) Resolution authorizing the appropriation and transfer of funds for the establishment of an appropriated reserve fund for future expenditures and/or contingencies for FY 2023-24. Attachments: Proposed Annual Operations & Capital Improvement Program Budget Resolution 2023- XXXX Resolution Adopting Budgets for FY 2023-24 Resolution 2023- XXXX Establishing Reserves for FY 2023-24 PUBLIC HEARINGS City of San Marcos Page 5 City Council Regular Agenda June 13, 2023 13. TMP-1915 RESOLUTION NO. 2023-9149 - AMENDING THE CITY’S 2023 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023 THROUGH 2027 Recommendation: ADOPT a resolution amending the City's 2023 Regional Transportation Improvement Program for Fiscal Year 2023 through Fiscal Year 2027. Attachments: Attachment 1-Resolution 2023-9149 Attachment 2: Table 1 2023 Regional Transportation Improvement Program Amendment No. 5 ORAL COMMUNICATIONS - CONTINUED Speakers are limited to five minutes. Please complete a “Request to Speak” form and place in basket provided. REPORTS (INCLUDING AB 1234 REPORTING REQUIREMENTS) 14. 23-2156 SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT (MAYOR JONES) Recommendation: Note and File 15. 23-2155 LEAGUE OF CALIFORNIA CITIES REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 16. 23-2154 NORTH COUNTY TRANSIT DISTRICT REPORT (DEPUTY MAYOR JENKINS) Recommendation: Note and File. 17. 23-2153 NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT (COUNCILMEMBER NUÑEZ) Recommendation: Note and File 18. 23-2152 CLEAN ENERGY ALLIANCE REPORT (COUNCILMEMBER MUSGROVE) Recommendation: Note and File 19. 23-2151 CITY COUNCIL BUSINESS VISITS Recommendation: Note and File 20. 23-2150 SAN MARCOS CREEK PROJECT UPDATE (CITY MANAGER GRIFFIN) Recommendation: Note and File COUNCIL COMMENTARY ADJOURNMENT City of San Marcos Page 6 City Council Regular Agenda June 13, 2023 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF SAN MARCOS ) I, PHILLIP SCOLLICK, CITY CLERK OF THE CITY OF SAN MARCOS, HEREBY CERTIFY THAT I CAUSED THE POSTING OF THIS AGENDA IN THE GLASS DISPLAY CASE AT THE NORTH ENTRANCE OF CITY HALL AND ON THE CITY'S WEBSITE ON JUNE 8, 2023, 5:30 P.M. DATE: JUNE 8, 2023 PHILLIP SCOLLICK, CITY CLERK City of San Marcos Page 7